A federal judge has halted the Justice Department’s plan to transfer 12 transgender female inmates to male prisons, dealing a setback to President Donald Trump’s executive orders restricting transgender rights.
The inmates, currently held in Bureau of Prisons facilities, filed a lawsuit on January 30, arguing that their transfer would put them at significant risk of harm and could deny them necessary medical treatment. They claimed the move would violate the Eighth Amendment, which prohibits cruel and unusual punishment.
On February 18, U.S. District Judge Royce Lamberth issued a temporary restraining order preventing the transfers. On Monday, he extended the block with a preliminary injunction, ruling that the inmates were likely to succeed on constitutional grounds. Lamberth, a Reagan appointee, dismissed government claims that the inmates would be safer in low-security men’s prisons, citing multiple reports indicating that transgender individuals face heightened risks of violence and abuse when housed according to their biological sex.
The case is one of several ongoing legal battles challenging Trump’s policies on transgender rights. Last week, Maine Governor Janet Mills warned Trump of legal action over his directive to cut federal funding for states that recognize transgender athletes. Additionally, transgender military personnel are contesting a policy barring their recruitment and service.
Trump’s executive orders, signed shortly after taking office on January 20, define gender strictly as male or female and aim to prevent what he called “gender ideology extremism.” A separate order issued on February 5 bars transgender athletes from competing in female sports.
In their lawsuit, the inmates argued that being housed in male prisons would expose them to harassment, abuse, and sexual violence, as well as invasive strip searches by male officers. They also feared losing access to long-standing medical treatment for gender dysphoria. The lawsuit noted that Trump’s campaign had spent around $215 million on ads targeting transgender Americans.
As of February 20, the Bureau of Prisons reported 2,198 transgender inmates, including 1,488 transgender women and 710 transgender men. Currently, 22 transgender women are housed in female facilities, while one transgender man is in a male facility.
Government attorneys contended that the judge lacked jurisdiction over the matter since no formal policy changes had yet been implemented. However, one of Trump’s orders directs the Bureau of Prisons to revise its medical policies to prohibit federal funds from being used to alter an inmate’s appearance to match their gender identity.
Lamberth ruled that even without direct violence, forcing transgender inmates into male prisons would worsen their gender dysphoria, as the environment itself could cause psychological distress.
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